Statue And Case Law Relationship Essay

2013 words - 8 pages

Employment laws are created to protect both the employer and the employee. The employer has to follow specific guidelines when hiring and firing employees. This paper will identify five discrimination cases with a brief summary of each as well as identify the statute or regulation interpreted in the case. Lastly, this paper will examine how the statute and/or regulations have evolved through case interpretation and how the cases influence the employment environment.RaceWhen foreigners were first coming to America, blacks were brought here for the purpose of being a slave to the white man. There were set in place what was called "slave codes." These prohibited blacks from being equal or superior to whites in any way. This slave code dictated the clothes they could wear, to where they could sit. Race has had a unique place in our history. Today the culture is still dealing with racial discrimination. Title VII in the Civil Rights Act deals with racial discrimination within the work place. According to Bennett-Alexander and Hartman (2003), "for the most part, we are no longer dealing with the claims of obvious discrimination that predominated in the early 1970s when Title VII claims first became active"(p.23).Today most cases are filed because of the ignorance of the employers, not knowing when they are being discriminatory. The rulings in the larger cases today help define and interpret title VII. One such case was the Chandler v. Fast Lane in 1994. Chandler was a white woman who was a manager a restaurant. She filed suite against her employers under the civil right act, title VII complaining that she was told to discriminate against the black people whom she managed. She stated that she was forced to leave her job because she was unwilling to hire and promote only whites. Her argument was that her fundamental rights were violated because they were preventing her from associating with blacks.The courts sided in her favor and the Civil rights act is now interpreted more broadly. Allowing a person whom is coerced into discriminating against black people the right and privilege to file a complaint under the title VII.Age DiscriminationAccording the Equal Employment Opportunity Commission (EEOC), "the age discrimination in employment act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age" (p. 1). An employer cannot discriminate due to an individual's age under any condition including hiring, firing, promotions, and benefits. This act has created a way to protect the jobs of older workers. However, there are still instances where an organization feels that it can use clauses to discriminate or terminate an older employee in order to make room for a younger employee.In the Smith v the City of Jackson Mississippi, the Supreme Court modified the ADEA act by deciding to permit claims of unintentional discrimination or disparate impact claims of workers that were over the age of 40. According to a...

Find Another Essay On Statue and Case law Relationship

Australian Law and Business - case study

2464 words - 10 pages the Legal position under the Contract Law regarding the above situation and followed by relevant recommendations.Legal position under the Law of ContractFirst, we will look into whether there is a valid contract between Jack and Albert.Jack is a taxi driver and he is stationed at the Toowoomba Railway Station for picking up passenger at the material time. As Jack and Albert do not know each other, and Albert did not make any appointment with

Employment Law Case Presentation and Analysis

1182 words - 5 pages the EEOC: INsights for employment mediators and counsel. Dispute Resolution Journal, 67(4), 19-38. Kubasek, N., Brennan, B., & Browne, M. (2012). The legal environment of business: A critical thinking approach (6th ed.). Upper Saddle River, NJ: Pearson Education. Maatman, Jr., G. L., & Degroff, C. J. (2012). EEOC-initiated litigation: Case law developments in 2011 and trends to watch for in 2012 Part I. Labor Law Journal, 63(1), 22-54. Remington, J

Law Enforcement and Miranda Warnings Case Analysis

1284 words - 5 pages interpreter, but the officer could then speak to the subject without violating his 5th Amendments. Miranda vs Arizona is the land mark case that every Law Enforcement agency in the United States goes by. The Supreme Court of the United States looked at four main cases that had to do with custodial interrogations. In these cases the suspect was shut off from the outside world and questioned by law enforcement. Law enforcement did not make sure that these

The Case of Procedural and Substantive Law

2226 words - 9 pages 1. Define the terms takings as it relates to the environmental law and provide one example of a legally resolved taking case. Answer: Taking is a general term of an act of taking something. In an environmental point of view, the taking is ta process that involves taking something of an environmental assets, such as land, from an individual or organization. However, most cases, it involves government taking private property from owners when that

The relationship between human rights and common law

2505 words - 10 pages with contemporary notions of ...human rights if their adoption would fracture the skeleton of principle which gives the body of our law its shape and internal consistency.Brennan J, then went on to state that the ability to distinguish between cases which contain a skeletal principle and those which do not is impossible, however a case cannot be bound to a rule of law where that rule "seriously offends the values of justice and human rights" . A

Discovering The Relationship Between the Law and Your School

912 words - 4 pages Abstract Today schools are changing to integrate the 21st century. Therefore, it is imperative that educational administrators are aware of the legal framework facing the issues in schools. There are many issues the administrators will face and they must know the constitutional rights of individuals and the school. The Constitution contains the laws of the United States. Discovering the Relationship between the Law and Your School There

The Melting Pot and Liberty: The Relationship Between Rule of Law and Shari'ah Law in a Multicultural Society

3512 words - 14 pages The relationship between the principally westernized concept of Rule of Law and the Islamic foundation of Shari'ah law have such fundamental differences that the contemporary melting pot of our multicultural society is being impeded by way of a divergence of customs. Where the premises of multiculturalism is to encourage equality while allowing citizens old and new to maintain their identity and take pride in their ancestry, it is also crucial

Newton's Second Law - Practical Report: To determine the relationship between force, mass and acceleration

842 words - 3 pages Aim:a:, To observe changes in motion due to changes in force and measure force, mass and acceleration, and examine their influence on motion.b: To investigate the relationship between the variables; mass, force and acceleration and determine an inertial mass through the use of a trolley, ticker-timer and set of slotted masses.Introduction:Newton's second law states "The acceleration of an object as produced by a net force is directly

Ethical and legal analysis of the Ann Hopkins v. Price Waterhouse discrimination law suit. Focuses on case law and ethics.

3145 words - 13 pages companies. During the timeframe of this case Price Waterhouse had 662 partners across 90 U.S. offices and approximately 2,600 partners worldwide.To make partner was in essence to obtain a lifetime membership. The position held great value within the firm. Partners within the firm placed great importance on the interpersonal skills of any partner candidate. So much so that any negative comments made in the review process more than outweighed

Ramifications of the Edith Mmusi Case and the Law of Succession in Botswana

2672 words - 11 pages property, and had even taken care of their late mother in the same homestead prior to her death. Their claim was challenged by their half-brother’s son, Molefi Ramantele, who in turn argued that under Ngwaketse customary law, the family home was only inherited by the youngest son and thus he was entitled to inherit as his father’s heir. The case was initially heard by the Lower Customary Court which found in favour of Ramantele. The matter was appealed

Case Study - Mama Products (customer service strategy, relationship between internal customers and supply chain management, JIT and TQM)

3927 words - 16 pages (suppliers - establishing cooperative relationship). Furthermore, the internal customers and effectiveness of value chain management are the major influencers of the quality level of customer service.From the above we can see the interrelation between all issues that are discussed in more details in the other part of the project. However, there is serious doubt of whether the company is and will be able to implement these factors due to environment it

Similar Essays

Statute And Case Law Relationship Essay

1030 words - 4 pages This paper provide a brief summary and identify the statute pertaining to race discrimination between Dayton, Police Department and Police Major Barbara Temple.This writer will provide a brief summary and identify the statue pertaining to race discrimination in this law case study. This writer will also explain and examine how the statue is related to this case study. Final this writer will deliver an outcome of the case involving Case #49

State And Case Law Relationship Essay

2034 words - 8 pages State and Case Law Relationship Paper•EEOC v. Jillian's of Indianapolis, Inc., Jillian's Entertainment Holdings, Inc. & Jillian's Entertainment Corp., No. IP00-1452-C-B/G (S.D. Ind. Aug. 12, 2004)This case was brought under Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on gender (or sex), as well as many other aspects of the employment relationship. It applies to most employers engaged in interstate

Relationship Between Law And Justice Essay

1351 words - 5 pages Law and justice are often misconstrued as being one and the same thing. This however, is a fallacy and even though the two have symbiotic relationship, they cannot be considered as the same thing. A relationship does exist between law and justice and as they are not mutually exclusive and I will try and highlight this relationship in the following paragraphs. In order to understand the nature of the relationship between law and justice, we

Relationship Between Aboriginal Law And State And Commonwealth Law.

900 words - 4 pages decide in a case where aboriginal customary law is involved and is contrasting Australian state law.We can conclude that the relationship of Aboriginal law and state and commonwealth law has improved greatly over time, but there can still be changes made to improve the relationship.Bibliography:http://www.nwjc.org.au/atisla.html#Aboriginal%20and%20Torres%20Strait%20Islander%20Legal%20Serviceshttp://www.vals.org.au/legal/legal.htmMichael Barker and